TITLE 312 NATURAL RESOURCES COMMISSION
Notice of First Public Comment Period
LSA Document #24-86
RIVER OTTER TRAPPING AMENDMENTS
The Natural Resources Commission (commission) is soliciting public comment on amendments to rules at
312 IAC 9-3-18.2 to regulate the statewide quota for river otter trapping season. The commission seeks comment on the affected citations listed and any other provisions of Title 312 that may be affected by this rulemaking.
Basic Purpose and Background
The proposed amendments allow an individual to trap a river otter anywhere in the state, and establish statewide quotas for the river otter trapping season.
For purposes of
IC 4-22-2-28.1, small businesses affected by this rulemaking may contact the Small Business Regulatory Coordinator:
Linnea Petercheff
Licensing and Permits Supervisor
Division of Fish and WildlifeDepartment of Natural Resources
Indiana Government Center South
402 West Washington Street, Room W273
Indianapolis, IN 46204
(317) 233-6527
lpetercheff@dnr.in.gov
Matthew Jaworowski
Small Business Ombudsman
Indiana Economic Development Corporation
One North Capitol, Suite 700
Indianapolis, IN 46204
(317) 650-0126
majaworowski@iedc.in.gov
Resources available to regulated entities through the small business ombudsman include the ombudsman's duties stated in
IC 5-28-17-6, specifically
IC 5-28-17-6(9), investigating and attempting to resolve any matter regarding compliance by a small business with a law, rule, or policy administered by a state agency, either as a party to a proceeding or as a mediator.
REQUEST FOR PUBLIC COMMENTS
At this time, the commission is soliciting public comments on the proposed rule. Comments may be submitted in one of the following ways:
(1) By the commission's rulemaking docket at https://www.in.gov/nrc/rules/rulemaking-docket/.
(2) By mail or common carrier to the following address:
LSA Document #24-86
Aaron Bonar
Natural Resources Commission, Division of Hearings
Indiana Government Center North
100 North Senate Avenue, Room N103
Indianapolis, IN 46204-2273
(3) By electronic mail to abonar@nrc.in.gov. To confirm timely delivery of submitted comments, please request a document receipt when sending the electronic mail. PLEASE NOTE: Electronic mail comments will not be considered part of the official written comment period unless they are sent to the address indicated in this notice.
(4) Attend scheduled public hearing.
All comments must be postmarked or time stamped not later than April 11, 2024.
The rule, Regulatory Analysis, appendices referenced in the Regulatory Analysis, and materials incorporated by reference (if applicable) are on file at the Natural Resources Commission, Indiana Government Center North, 100 North Senate Avenue, Room N103, Indianapolis, Indiana and are available for public inspection. Copies of the rule, Regulatory Analysis, and appendices referenced in the Regulatory Analysis are available at the office of the Natural Resources Commission.
If the commission does not receive substantive comments during the public comment period or public hearing, the rule may be adopted with text that is the same as or does not substantially differ from the text of the proposed rule published in this notice.
Authority:
IC 14-10-2-4;
IC 14-22-2-6
Sec. 18.2. (a) An individual may trap a river otter (Lutra (Lontra canadensis) from beginning November 15 through and ending either:
(1) March 15 of the following calendar year; or
(2) the date on which the statewide quota set forth in subsection (f) is reached;
whichever is earlier. An individual who sets a trap for a river otter must be at least ten (10) years old, of age, unless the individual has passed a state certified trapper education course.
(b)
In order to trap a river otter, Except as provided under IC 14-22-11-1, an individual
must possess may not trap a river otter unless the individual possesses at least one (1) of the following
valid Indiana trapping licenses:
or be exempt from needing a license as authorized in IC 14-22-11-1:
(1)
A resident yearly trapping license under
IC 14-22-12-1(a)(4).
(2)
A nonresident yearly trapping license under
IC 14-22-12-1(a)(7).
(4)
A nonresident youth yearly trapping license under
IC 14-22-12-1(a)(26).
(5)
A lifetime basic trapping license under
IC 14-22-12-7(a)(6) before its repeal.
(c) An individual must may not take more than two (2) river otters per in a river otter trapping season. An individual that who sets the a trap that caught the captures a river otter must shall count the river otter toward his or her the bag limit for the river otter trapping season. limit.
(d) An individual that kills a river otter:
(1) during the season after the individual's bag limit has been reached;
(2) after the statewide quota has been reached;
(3) in a county where the season is not open; or
(4) outside the season;
must notify the department within forty-eight (48) hours of killing the otter and make arrangements to give that river otter to the department.
(d) An individual who traps a river otter alive and does not include it in that the individual's bag limit must shall release the river otter into the wild in the location in which it was where the river otter is captured immediately upon discovery or notification after discovering that a river otter has been is caught in the trap.
(e) An individual must not may trap a river otters except in a county the director designates on an annual basis by temporary rule otter in any county in the state.
(f) Annually, the director shall establish by temporary rule The statewide quota for a river otters otter that may be taken during a river otter trapping season The director may close the season established under subsection (a) by temporary rule upon a determination that the allowable harvest of river otters for the year has been reached. is seven hundred fifty (750). The department shall track the statewide quota for river otters on the department's website.
(g) An individual shall not trap a river otter after the:
(1) individual's bag limit is reached; or
(2) river otter trapping season ends.
(g) (h) An individual who takes a river otter must shall report the take or cause the reporting of ensure the take is reported by providing the information required on by the department's electronic harvest reporting system within not later than twenty-four (24) hours of the after taking of the river otter. The An individual who reports the reporting a take on the department's electronic harvest reporting system must under this subsection shall provide true and accurate information to the department. An individual shall keep the confirmation number provided by the department's electronic harvest reporting system must be maintained with the river otter until the river otter is checked in with a designated department employee or at an official river otter checking station.
(h) (i) An individual who takes a river otter during the river otter trapping season must shall retain possession of the river otter and cause ensure delivery of the skinned hide and carcass, including the head, of the river otter to a designated department employee or official river otter checking station within not later than fifteen (15) days after the month of harvest. the river otter is harvested. The department employee must: shall:
(1) issue a tag and attach it to each hide in accordance with under 50 CFR 23.69; and
(2) maintain retain possession of the skinned river otter carcass. (not the hide).
(i) (j) A river otter, including the hide and any other part or portion of the river otter, taken during the river otter trapping season must may not be:
(1) sold;
(2) traded;
(3) bartered;
(4) gifted;
(5) transferred to a taxidermist or any other person; or
(6) shipped;
until the river otter is registered through the department's electronic registration system and issued a tag by a department employee in accordance with under subsection (h). (i).
(j) (k) After registering the river otter and obtaining the tag from the department in accordance with under this section, an individual who takes a river otter may:
(1) sell;
(2) trade;
(3) barter;
(4) ship; or
(5) otherwise transfer;
the hide of a the river otter in accordance with under this section and 50 CFR 23.69.
(k) (l) An individual may possess the untanned hide of a river otter that was lawfully obtained at any time of year.
(l) (m) An individual must may not possess a live river otter except as follows:
(4) By With a registered or licensed educational or scientific institution with the United States Department of Agriculture in accordance with under 9 CFR, Chapter 1, Subchapter A, Parts I through IV.
(5) By With a breeder, dealer, or exhibitor license issued by the United States Department of Agriculture under 9 CFR, Chapter 1, Subchapter A, Parts I through IV.
(m) (n) An individual must may not sell a live river otter unless that person the individual has a breeder, dealer, or exhibitor license issued by the United States Department of Agriculture under 9 CFR, Chapter 1, Subchapter A, Parts I through IV.
(o) An individual who takes a river otter with a trap that captures and immediately kills the river otter:
(1) during the river otter trapping season after the individual's bag limit is met; or
(2) outside the river otter trapping season;
shall notify the department not later than forty-eight (48) hours after taking the river otter. The individual shall make arrangements to turn the river otter over to the department.
(Natural Resources Commission; 312 IAC 9-3-18.2; filed Jun 23, 2006, 2:24 p.m.: 20060719-IR-312050214FRA; readopted filed Nov 24, 2008, 11:08 a.m.: 20081210-IR-312080672RFA; filed Mar 12, 2010, 1:28 p.m.: 20100407-IR-312090479FRA; readopted filed May 20, 2014, 9:43 a.m.: 20140618-IR-312140017RFA; filed Feb 26, 2015, 2:01 p.m.: 20150325-IR-312140341FRA; filed Jun 21, 2018, 1:45 p.m.: 20180718-IR-312170436FRA; readopted filed Sep 18, 2019, 1:16 p.m.: 20191016-IR-312190325RFA)
Posted: 03/06/2024 by Legislative Services Agency
DIN: 20240306-IR-312240086FNA
Composed: May 20,2024 2:51:01AM EDT
A
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